A NATIONAL security expert warned on Tuesday that questioning the Philippines’ reliance on the 2016 arbitral ruling risks weakening the country’s legal standing in the West Philippine Sea, stressing that maritime rights there are firmly rooted in the United Nations Convention on the Law of the Sea.
In an interview with The Manila Times, Dr. Jose Antonio Goitia, who holds an advanced degree in National Security Administration and head of multiple civic and advocacy groups, including Alyansa ng Bantay sa Kapayapaan at Demokrasya (ABKD) and Liga Independencia Pilipinas (LIPI), said defending the West Philippine Sea is a legal obligation.
Goitia noted that while the term “West Philippine Sea” was formalized in Administrative Order 29 in 2012, Philippine maritime rights do not originate from administrative labels.
“The name is administrative,” he said. “The rights come from law.”
Those rights derive from the United Nations Convention on the Law of the Sea (Unclos), a binding treaty ratified by both the Philippines and China.
Administrative terminology standardizes references, but only treaties confer legal authority, Goitia explained.
Unclos defines a country’s exclusive economic zone (EEZ) as extending 200 nautical miles from its baselines.
The 2016 Permanent Court of Arbitration (PCA) ruling affirmed that Recto Bank and surrounding maritime features fall within Philippine jurisdiction.
“The boundaries are not ambiguous,” Goitia said, emphasizing that foreign vessels operating in the area cannot claim legal uncertainty.
While the EEZ is not sovereign territory, it carries enforceable rights. The Philippines has exclusive authority to fish, extract resources, and manage activities within its EEZ.
Foreign states may not conduct law enforcement, military intimidation, or exploit resources.
“Freedom of navigation is not a license for coercion,” Goitia said.
International law obliges vessels to render assistance at sea. However, Goitia stressed that humanitarian acts do not justify a foreign military presence, particularly in areas where tensions persist.
Despite claims to the contrary, the 2016 arbitral award under Unclos is legally binding, he pointed out. Non-participation by China does not nullify the ruling, as arbitration is a recognized mechanism for dispute resolution.
“Diplomacy without law is not peace but weakness,” Goitia said.
He urged Filipinos to distinguish sound legal arguments from misleading claims, emphasizing that defending the West Philippine Sea is a shared responsibility rooted in law and national interest.
“The true measure of patriotism is the firm but measured defense of our rights through law,” he said.
